Co-written by Marisa Marinell
A longstanding and unresolved issue in international arbitrations that are held in the United States is whether the same standards of arbitrator independence and neutrality apply as would apply if the arbitration were conducted under the laws and practices of other major arbitration venues. In the arena of international arbitration the impartiality and independence of every arbitrator, regardless of the method of his or her appointment, are fundamental precepts to the arbitral process. Indeed, arbitrator bias or partiality is one of the few recognized bases for vacating a final award in the United States and may, in certain limited circumstances, give rise to an interlocutory judicial challenge under the US Federal Arbitration Act. International conventions, such as the New York Convention, also recognize a lack of impartiality as a basis for refusing to recognize an arbitral award.
